HomeMy WebLinkAboutCAP101311Central Point
City Hall
664-3321
City Council
Mayor
Hank Williams
Ward I
Bruce Dingier
Ward II
Belly Geiger
Ward III
Ellie George
Ward IV
1~llen Broderick
At Large
Carol Fischer
Isay Harrison
Administration
Phil Messina, CitS~
Manager
Chris Clayton, 1~ssistant
CitS~ Manager
Deanna Casey, City
Recorder
Community
Development
Department
Tom Humphrey, Director
Finance Department
Bev 1~dams, Director
Human Resources
Barb Robson, Director
Parks and Public Works
Department
Matt Samitore, Director
Jennifer Boardman,
Manager
Police Department
)on Zeliff, Chief
CITY OF CENTRAL POINT
City Council Meeting Agenda
October 13, 2011
Next Res. 1313
Next Ord. No. 1953
L REGULAR MEETING CALLED TO ORDER - 7:00 P.M.
IL PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. SPECIAL PRESENTATIONS
A. Swearing in of Reserve Officer -Aaron Grisson
V. PUBLIC APPEARANCES
VI. CONSENT AGENDA
Pg. 2 - 7 A. Approval of September 8, 2011, City Council Minutes
8 - 10 B. Approval of OLCC Application for Ledger David
Cellars, LLC.
11 - 12 C Approval of OLCC Application for Dugout Sports Grill
VII. ITEMS REMOVED FROM CONSENT AGENDA
VIII. BUSINESS ITEMS
14 - 16 A. Rogue Disposal & Recycling, liic, Amnial Report
(Messina/Penning)
18 - 24 B. Medford Water Commission Contract Amendment
(Samitore)
IV. PUBLIC HEARINGS, RESOLUTIONS, AND ORDINANCES
26 - 28 A. Public Hearing, First Reading - An Ordinance Amending the Central Point
Municipal Code Buildings and Constnution Chapter 15, Section 15.04.010
Pertaining to Building Standards (Humphrey)
VIII. MAYOR'S REPORT
LY. CITY MANAGER' S REPORT
Y. COUNCIL REPORTS
XI. DEPARTMENT REPORTS
XII. EXECUTIVE SESSION
The City Council may adjourn to executive session under the provisions of ORS 192.660.
Under the provisions of the Oregon Public Meetings Law, the proceedings of an executive
session are not for publication or broadcast.
XIII. ADJOURNMENT
Consent Agenda
CAP101311 Page 1
CITY OF CENTRAL POINT
City Council Meeting Minutes
September 8, 2011
I. REGULAR MEETING CALLED TO ORDER
Mayor Williams called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL: Mayor: Hank Williams
Council Members: Allen Broderick, Bruce Dingler, Carol
Fischer, Kelly Geiger, Kay Harrison, and Ellie George were
present.
City Manager Phil Messina; City Attorney Paul Nolte;
Police Chief Jon Zeliff; Community Development Director
Tom Humphrey; Finance Director Bev Adams; Assistant
City Manager Chris Clayton; and City Recorder Deanna
Casey were also present.
IV. PUBLIC APPEARANCES -None
V. CONSENT AGENDA
A. Approval of August 25, 2011, City Council Minutes.
Allen Broderick made a motion to approve the Consent Agenda as
presented. Kay Harrison seconded. Roll call: Allen Broderick, yes, Bruce
Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Kay Harrison, yes; Hank
Williams, yes; and Ellie George, yes. Motion approved.
VI. ITEMS REMOVED FROM CONSENT AGENDA -None
VII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. Resolution No. 1311, A Resolution to Approve a Supplemental
Budget for the 2011/2012 Fiscal Year
Finance Director Bev Adams presented a supplemental budget in order to
receive an additional $162,500 in unanticipated federal grant money for the High
Tech Crime Force. In accordance with Oregon budget law, notices have been
published for this public hearing.
Lieutenant Josh Moulin explained that the HTCU received two grants from the
Federal Government to help upgrade software and equipment over the next year.
Mayor Williams opened the Public Hearing, no one came forward. The Public
Hearing was closed.
CAP101311 Page 2
City of Central Point
City Council Minutes
September 8, 2011
Page 2
Allen Broderick made a motion to approve Resolution 1311, Approve a
Supplemental Budget for the 2011/2012 Fiscal Year. Kay Harrison seconded.
Roll call: Allen Broderick, yes, Bruce Dingier, yes; Kelly Geiger, yes; Carol
Fischer, yes; Kay Harrison, yes; Hank Williams, yes; and Ellie George, yes.
Motion approved.
B. Resolution No. 1312, A Resolution by the City of Central Point
Recommending Approval of the Greater Bear Creek Valley Regional
Plan as Proposed by the Jackson County Planning Commission with
Exceptions to Amendments 8, 14, 18, and 20.
Community Development Director Tom Humphrey explained that the Jackson
County Planning Commission concluded their deliberations on the RPS Plan and
formulated recommendations for approval to the Jackson County Board of
Commissioners (BOC). Each city is being given the opportunity to review
recommendations and offer comments to the BOC in the form of a resolution.
The Central Point Planning Commission (CPPC) discussed 6 of the 29
amendments three which apply directly to Central Point, and three that apply to
agricultural buffering standards and irrigation district analysis. The CPPC
directed staff to make changes to Amendments 8, 14, 18, and 20.
The BOC will consider Central Point's input at a public hearing on September 14,
2011, and have final deliberations for the city on October 12, 2011. The County is
hoping to receive a resolution from Central Point prior to the September meeting.
Mr. Humphrey stated that the proposed council resolution recommends approval
with exceptions to amendments 8, 14, 18, and 20. Staff wants the resolution to
take a neutral stand on amendments to other cities in the region and concentrate
on Central Point specific amendments. We were told early in the process that
there should be limited changes this late in the game. The recommended
language in the resolution indicates that Central Point doesn't necessarily agree
with all the amendments recommended by the County Planning Commission. We
do not want to encourage all 29 changes that the County is proposing because
we are concerned that the issues will cause the State to delay finalizing the plan.
Mr. Humphrey explained the recommendations.
Amendment 8: These amendments discuss buffering mechanisms. The
recommended change to this amendment is to remove language requiring the
city to pass ordinances in order to meet the requirements.
Amendment 14: This amendment is regarding irrigation districts being involved in
master planning the areas. The City will recommend striking the statement that
would require an analysis to determine the affects of urbanization on irrigated
land.
CAP101311 Page 3
City of Central Point
City Council Minutes
September 8, 2011
Page 3
Amendment 18: The City would like to add to the County recommendation that
the BOC consider including the Jackson County Expo land as a proposed Urban
Reserve Area during the first RPS Periodic Review.
Amendment 20: rewording sections of this amendment to replace language
regarding areas of mutual planning concerns regarding Gibbon Acres.
Mayor Williams opened the discussion to citizen comment.
Mr. Larry Martin - CP6A Reserve area resident
Mr. Martin stated that he has been involved in the RPS Planning from the
beginning. He is in support of the recommendations made by the Central Point
Planning Commission and agrees that each city should remain neutral in regards
to the recommendations of otherjurisdictions.
Kay Harrison made a motion to approve Resolution No. 1312, A Resolution
by the City of Central Point Recommending Approval of the Greater Bear
Creek Valley Regional Plan as Proposed by the Jackson County Planning
Commission with Exceptions to Amendments 8, 14, 18, and 20. Bruce
Dingler seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly
Geiger, yes; Carol Fischer, yes; Kay Harrison, yes; Hank Williams, yes; and Ellie
George, yes. Motion approved.
VIII. BUSINESS
A. Approval of Bid Award for the Vilas Road Reservoir
Assistant City Manager Chris Clayton stated that the bids for the Vilas Water
Reservoir were opened on August 30, 2011. The city received six bids. The bid
process was set up so that the city would have some financial flexibility with
design options for either a 3.0 Million Gallon (MG) Reservoir or a 2.5 MG
Reservoir. Unfortunately the bid price for the 3.0 MG Reservoir exceeded what
the City has in the budget.
Communication with Ward-Henshaw suggests that with some design changes
we could reduce that amount by several hundred thousand dollars. We could
divert $100,000 from the Hopkins waterline replacement in order to cover
contingencies, and the Bear Creek Waterline Crossing would become a city
project as there is not enough money to do both at this point. There are several
other capital improvement items that could be diverted to make a 3 MG Reservoir
work for the City.
Staff recommends reducing the size of the reservoir to 2.5 MG to come within
budget amounts and limit the changes in the design standards. There was
discussion regarding the actual size needed for the City. If the City retains the 1
MG reservoir at the public works yard a 2.5 MG reservoir will serve us well into
the future. It was the hope that the larger size would allow us to remove the
current reservoir but it was not a necessity. There is some maintenance that will
need to be done to the current facility. The important issue here is to have a
CAP101311 Page 4
City of Central Point
City Council Minutes
September 8, 2011
Page 4
reservoir on the east side of the City. A 2.5 MG reservoir will serve our needs for
the next 20 to 30 years.
Ward-Henshaw is a reputable firm from Canby, Oregon that has years of
construction experience through the Pacific Northwest. Staff feels very
comfortable with the firm and believes with some negotiation we will be able to
get the bid within budget amounts. Staff recommends awarding Ward-Henshaw
the 2.5 MG Vilas Road Reservoir Bid in the amount of $4,867,770.00.
Bruce Dingler made a motion to award the 2.5 MG Reservoir bid to Ward-
Henshaw. Carol Fischer seconded. Roll call: Allen Broderick, yes, Bruce Dingler,
yes; Kelly Geiger, yes; Carol Fischer, yes; Kay Harrison, yes; Hank Williams,
yes; and Ellie George, yes. Motion approved.
B. Planning Commission Report
Community Development Director Tom Humphrey presented the Planning
Commission Report for September 6, 2011:
Reviewed and recommended amendments to the Jackson County Planning
Commission RPS recommendations. The Commission discussed what will
need to be adopted by the city once the RPS process is complete regarding
agricultural buffering standards.
The Commission was updated on urban renewal and invited them to the
Development Commission study session on September 19tH
Kay Harrison made a motion to accept the Planning Commission Report as
presented for September 6, 2011. Bruce Dingler seconded. Roll call: Allen
Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Kay
Harrison, yes; Hank Williams, yes; and Ellie George, yes. Motion approved.
IX. MAYOR'S REPORT
Mayor Williams reported that he:
• Attended a Medford Water Commission meeting where they went to the Duff
Water plant. He has not yet signed the MWC agreement. He is waiting for the
MWC to address issues with the City of Eagle Point.
• He has tickets to the Mayor's United for ACCESS event being held in
Jacksonville on September 17tH
X. CITY MANAGER'S REPORT
City Manager Phil Messina:
• Thanked Lieutenant Moulin for securing the grants for the HTCU. Those will
be a big help in funding the software and programs.
• Stated that he has been appointed to the SOREDI Board and attended a
meeting last week.
• Reported that he will be attending an IIMC Conference from September 14tH
through the 19t". Chris Clayton will be acting City Manager.
CAP101311 Page 5
City of Central Point
City Council Minutes
September 8, 2011
Page 5
• There will be a joint Study Session on September 19, for the Development
Commission and the Planning Commission. We will be cancelling the
September 22nd Council meeting or the Development Commission due to lack
of agenda items.
XI. COUNCIL REPORTS
Carol Fischer stated that she attended the memorial service for Mark Servatius a
previous Central Point Fire Chief. She enjoyed the news article about the
Medford Council member who suggested they provide their own brown bag
lunches for meetings. Mrs. Fischer recommends taking the same stand and not
requiring the City to provide meals at meetings. There was discussion regarding
the current practice of meals at meetings, the consensus was to continue with
the current practice.
Bruce Dingier complimented the Police Department on their response to some
noise issues around his neighborhood. After talking with the Police there have
been no further issues.
Allen Broderick thanked the Police Department for the way they handled the
recent murder in Central Point. This was a relative of his wife, and they were very
pleased with the efficiency in which it was handled.
XII. DEPARTMENT REPORTS
Assistant City Manager Chris Clayton reported that:
• The City may be cleaning up Dan and Joyce Tires. The property is still out of
compliance with city and state codes. They have had plenty of time to clean
up the property. If the City is forced to clear away the tires we will place a lien
on the property for the total amount.
• Medford Water Commission has approved a rate reduction which the City
should see in the spring.
• The City has submitted a CMAQ application for improvements to Freeman
Road for the 2014/15 budget year.
• He researched the solar project RFP that Roseburg did. Their project was
very similar to Central Point's and the only qualified bid was from Solar City.
Staff can do an RFP if the Council would like to proceed in that direction.
There was discussion regarding the solar array project for the water reservoir.
The Council decided that the proposal by Solar City would be sufficient and staff
will not be asked to do an RFP for the project.
Police Chief Jon Zeliff explained the process that goes into a murder
investigation. The police department is the last and best advocate for the victim.
Finance Director Bev Adams reported that the auditors have been here for
several days conducting the 2010 Audit. She attended a visitor's bureau meeting
where they discussed a visitor's guide for Central Point.
CAP101311 Page 6
City of Central Point
City Council Minutes
September 8, 2011
Page 6
Community Development Director Tom Humphrey reported that there will be a
master plan meeting for the Beebe Road area on September 20t" and 27t". They
will discuss land use potential and alternatives for the property in that area.
XIII. EXECUTIVE SESSION -None
XIV. ADJOURNMENT
Kay Harrison moved to adjourn, Ellie George seconded. All said "aye" and the Council
Meeting was adjourned at 8:28 p.m.
The foregoing minutes of the September 8, 2011, Council meeting were approved by the
City Council at its meeting of October 13, 2011.
Dated:
Mayor Hank Williams
ATTEST:
City Recorder
Return to Agenda
CAP101311 Page 7
Cit of Central Point
~~'L y
.r Staff Report to Council
ISSUE SUMMARY
SUBJECT: OLCC Application for Dugout
Sports Grill and Ledger David Cellars, LLC
MEETING DATE: October 13, 2011
STAFF MEMBER: Deanna Casey
DEPARTMENT: Administration
ACTION REQUIRED: ADVISORY BOARD/COMMISSION
RECOMMENDATION:
Motion
-
Public Hearing Date: [Approval
-
Ordinance 1 S Reading Date ^Denial
-
-Ordinance 2"d Reading Date ^None Forwarded
-Resolution ^Not applicable
-Information/Direction
X_ Consent Agenda Item Comments:
Other
STAFF RECOMMENDATION:
Attached are two OLCC Applications:
Ledger David Cellars will be opening a wine tasting room next to the Rogue Creamer where
the other wine tasting room was located. They are ready to open as soon as their OLCC
permit. Central Point Police Department has no issues with this application.
The Dugout Sports Grill will be located at the old "The Brick" location. They have other
locations throughout the valley.
CURRENT YEAR BUDGET IMPACTS IDENTIFIED BY DEPARTMENT: No budget
impacts for the City.
RECOMMENDATION: Staff recommends approval of the two applications which will help
the economy of Central Point.
CAP101311
Page 8
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CAP101311 Page 13
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Medford Water
Agreement October
Revisions
CAP101311 Page 17
Parks & Public Work Department
STAFF REPORT
DATE: OCTOBER 4, 2011
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MATT SAMITORE, DIRECTOR
SUBJECT: Medford Water Commission (MWC) Contract
Matt Samitore, Director
SUMMARY: In August 2011 the City Council approved a revised contract with the MWC for supply
of water for the next five years. The MWC agreed to the changes. The Council previously asked
for the signing of the agreement to be held until the Medford Water Commission had set up a
meeting with Eagle Point. A meeting was setup and has occurred. Eagle Point is now asking that
we withhold signing the agreement with the MWC until they have all these issues resolved.
We heard from Eagle Point staff, October 4, 2011, and they have come to agreement with the MWC
on the majority of their issues.
RECOMMENDATION: Staff suggests approval and signing the contract.
140 S. Third Street ~~ Central Point, OR 97502 •541.664.3321 Fax 541.664.6384
CAP101311 Page 18
AGREEMENT
THIS AGREEMENT, made and entered into in duplicate on the day of
2011, by and between the City of Central Point, a municipal corporation of the
State of Oregon, (hereinafter referred to as PURCHASER), and the City of Medford, a municipal
corporation of the State of Oregon, acting by and through its Board of Water Commissioners,
(hereinafter referred to as VENDOR),
WITNESSETH:
WHEREAS, VENDOR has wintertime (October through April) surplus water available in its
municipal water system; and
WHEREAS, PURCHASER desires to purchase said surplus waterfrom the municipal water
system of VENDOR; and
WHEREAS, PURCHASER desires to purchase treat-and-transport services for
PURCHASER's own permitted or certificated water rights during summertime (May through
September) from VENDOR;
NOW, THEREFORE, for and in consideration of the foregoing and of the mutual promises
hereinafter expressed, and intending to be legally bound hereby, the parties hereto do mutually
agree as follows:
ARTICLE 1. SCOPE OF WATER SUPPLY SERVICE
VEN DOR owns and operates the treatment and transmission facilities which supply "surplus"
water to PURCHASER. VENDOR routinely attempts to anticipate the water demands of its
customers, including those of PURCHASER. VENDOR needs reasonably accurate forecasts of
future water demands in order to ensure sufficient "surplus" capacity in these facilities to meet the
growth needs of its customers. Therefore, PU RCHASER agrees that at the five-year renewal period
it will convey to VENDOR a reasonable estimate of its maximum daily demand for the next five-year
period. VENDOR agrees to continue to supply surplus water up to a maximum 3,255 gallons per
minute (GPM), for the months of October through April, and treat-and-transport water up to a
maximum of 5,700 GPM, for the months of May through September. The summertime 5,700 GPM
shall be divided between meter locations with 1,500 GPM at Hopkins Road, 4,200 GPM at Vilas
Road, and /or a share (Max 360 GPM) at Beall Lane. The wintertime 3,255 GPM shall be divided
similarly, i.e., 1,425 GPM at Hopkins Road, 1,830 GPM at Vilas Road, and/or a share (Max 205
GPM) at Beall Lane. In the case of an emergency, VENDOR agrees to increase the supply within
the limits of its system. PURCHASER shall immediately take all necessary steps to remedy the
emergency.
Both parties understand and acknowledge that PURCHASER'S estimated demand isjust a
forecast and may prove to be too low, and that a large industrial or commercial customer may alter
CITY OF CENTRAL POINT - 2011 Agreement Page 1 of 6
CAP101311 Page 19
the demands of PURCHASER. In the event that PURCHASER becomes aware that it shall exceed
its estimated maximum day demand, it shall notify VENDOR with a new estimated demand.
VENDOR shall then determine if it has sufficient surplus treatment and transmission capacity to
meet this anticipated demand. If sufficient capacity does not exist, then VENDOR shall provide
PURCHASER a timeline for VENDOR to meet the demand.
In the case of an extremely large industrial or commercial user (those who utilize over 2.0
MGD), VENDOR, per section 19 of the City of Medford charter, shall have full power and authority to
distribute, furnish, sell and dispose of waters, and provide water service, to water users and
distributors, both public and private, within and without the city on such terms and conditions as the
board of water commissioners determines to be in the best interests of the city. VENDOR does not
guarantee PURCHASER that every large commercial or industrial user located in PURCHASER'S
service area will automatically be provided water. VENDOR shall, however, apply the same
standard, as related to service to larger users, evenly across all the jurisdictions supplied by
VENDOR.
ARTICLE 2. CONNECTIONS
PURCHASER'S primarywater supply connections from VENDOR'S system are through an
eight-inch (8") connection on Beall Lane, a 10-inch (10") connection on Hopkins Road, and a 10-
inch (10") connection on Vilas Road. The connections are available for utilization on a year-round
basis. All piping and control valves downstream of these master meters shall be the responsibility of
PURCHASER.
ARTICLE 3. RULES AND REGULATIONS
All rules and regulations of the Board of Water Commissioners relating to water users
outside of the City of Medford as now in effect, or as the Board of Water Commissioners of the City
of Medford may from time to time prescribe, shall be deemed a part of this Agreement, and
PURCHASER agrees to comply therewith and its rights for the supply of water shall be governed
thereby. No such rules or regulations shall relieve VENDOR of its obligation to supply water in
accordance with the terms of this Agreement except as may be dictated by federal and state
regulations or other items beyond VENDOR's control. Nothing contained in this Agreement shall be
deemed to modify, alter or repeal any such regulations now or hereinafter adopted. PURCHASER
acknowledges that it has received a copy of all rules and regulations governing water service of
VENDOR relating to water users outside the City of Medford, attached as Exhibit A to this
Agreement. VENDOR shall promptly, upon passage, supply to PURCHASER a copy of any
amendments or additions to said rules and regulations.
ARTICLE 4. URBANIZATION POLICY
PURCHASER agrees that water supplied to its customers is an "urban" service and should
be confined to current or future city residents. PURCHASER may establish its own urbanization and
outside water service policies based on this premise or may utilize VENDOR's policy. In order to
avoid future service conflicts, a general water service boundary map is attached to this Agreement
CITY OF CENTRAL POINT - 2011 Agreement Page 2 of 6
CAP101311 Page 20
as Exhibit B. This map is intended to be modified as urban boundaries change due to regional and
local planning decisions.
PURCHASER agrees that it shall not serve any areas outside their city limits other than:
a) Areas within PURCHASER'S Urban Growth Boundary; and
b) Areas within PURCHASER'S Future Urban Reserve Area; and
c) Areas within the Seven Oaks Interchange "Area of Mutual Planning Concern";
all as defined and described in PURCHASER'S Comprehensive Plan, which may be duly modified
from time to time. PURCHASER also agrees to notify VENDOR in writing of all annexations or
modifications to any of the boundaries described above.
ARTICLE 5. MEETING FUTURE WATER DEMANDS
PURCHASER understands that this Agreement calls for the sale of surplus water from
VENDOR and that by the Year 2030, with current growth trends, VENDOR will completely utilize all
of its natural stream flow rights from the Rogue River and those from Big Butte Springs. This will
mean that VENDOR will not have sufficient "surplus" water to meet the summertime demands of
PURCHASER. Additional stored water for municipal and industrial uses is currently available from
the U.S. Army Corps of Engineers at Lost Creek Reservoir; or other alternatives may be available to
meet summertime demands. Even though it is still many years until the system utilizes all of its
current surplus water, plans and actions are needed now in order to avoid future water shortages.
PURCHASER has purchased or acquired the full 2020 demand including, but not limited to, any
required water right permits, change of use, or point of diversion. PURCHASER shall secure and
maintain the required demand water rights in perpetuity. Current growth and demand projections, as
determined by PURCHASER, indicate that PURCHASER will need 1,535 acre-feet ofwaterto meet
its 2020 summertime demand. VENDOR acknowledges that the current demand is based upon
population projections established in 2005. New projections will need to be completed before the
next agreement. Demand projections have been reviewed by VENDOR and PURCHASER. As
growth continues in the future, water rights will need to be continually evaluated and obtained by
PURCHASER in order to meet those demands.
VENDOR has included the service area of PURCHASER on water right permits made to the
Oregon Water Resources Department (OWRD); however, PURCHASER acknowledges that the
surplus water used by VENDOR to supply PURCHASER's demands comes from water right
certificates and permits issued by OWRD to the VENDOR. PURCHASER acknowledges that these
permits and certificates therefore belong to the VENDOR. PURCHASER also acknowledges that
VENDOR has discretion to lawfully re-designate or change areas of service of noted surplus water
for future agreements. PURCHASER agrees to work with VENDOR on long term regional water
supply issues.
VENDOR maintains water-measuring equipment at the Robert A. Duff Water Treatment
Plant for recording the amount of water withdrawn from the Rogue River covering all valid water
CITY OF CENTRAL POINT - 2011 Agreement Page 3 of 6
CAP101311 Page 21
rights and all data acquired is of public record. VENDOR also monitors masterwater meters at three
locations noted in Article 2 for the purposes of recording the amount of water used by
PURCHASER. VENDOR provides on a monthly bill the usage of water by PURCHASER pertaining
to this Agreement.
ARTICLE 6. PAYMENTS TO VENDOR
PURCHASER shall pay monthly to VENDOR for all water thus purchased from VENDOR at
VENDOR's regularly scheduled rates forwater service to incorporated cities in effect at a particular
time. VENDOR reserves the right to change said rates at any time upon sixty (60) days written
notice to PURCHASER. VENDOR agrees to make reasonable effort to notify PURCHASER
annually, at least two months prior to the end of the calendar year of VENDOR's opinion as to the
need for rate adjustment during the subsequent year.
ARTICLE 7. TERM OF AGREEMENT
VENDOR has every intention of selling water to PURCHASER for as long as PURCHASER
desires to purchase from VENDOR and VENDOR has surplus water to sell. In furtherance of that
understanding, VENDOR agrees to negotiate in good faith with PURCHASER for renewal of the
Agreement. In the event that VEN DOR does not renew the Agreement, then the current Agreement
will continue in effect as long as reasonably necessary to allow PURCHASER to secure other
sources of water. However, Section 19 of the Charter of the City of Medford limits the term of water
service contracts to 20 years and, therefore, the obligations of VENDOR under this Agreement shall
not, under any circumstances, exceed that period of time. PURCHASER shall make no assignment
of the rights or interests herein granted without written permission. In the event of any occurrence
rendering PURCHASER incapable of performing under the Agreement, any successor of
PURCHASER, whether the result of legal process, assignment, or otherwise, shall succeed to such
right of PURCHASER hereunder.
The term of this Agreement shall be five (5) years from the date hereof. PURCHASER may,
at its option, extend the term for three additional five-year periods, which periods would run through
2020, 2025, and 2030 respectively. Written notice of the election to exercise afive-year extension of
the contract must be given to VENDOR not later than January 1st of the year in which the
agreement would expire if there was no extension.
ARTICLE 8. WATER CURTAILMENT PLAN
VENDOR, on March 4, 2009, passed Resolution No. 1345 adopting a Water Curtailment
Plan for VENDOR's service area. This plan calls for the curtailment of water use by all types of
customers using water provided by VENDOR during periods of drought or emergency. VENDOR's
Water Curtailment Plan is hereby incorporated into and made a part of this Agreement by this
reference. During emergency or drought periods, VENDOR shall give PURCHASER as much
advance warning as possible prior to curtailment of water supplies. The level of curtailment shall be
determined by VENDOR based on the severity of the proposed shortage. PURCHASER shall be
responsible for enforcing the curtailment plan in its service area.
CITY OF CENTRAL POINT - 2011 Agreement Page 4 of 6
CAP101311 Page 22
ARTICLE 9. INDEMNITY AND COMPLIANCE WITH LAWS AND REGULATIONS
To the extent provided under the Oregon Tort Claims Act, ORS 30.260 to 30.300, and to the
extent PURCHASER is to perform work pursuant to the terms of this Agreement, PURCHASER
agrees that it will be solely responsible for any damage or trespass to or upon adjacent property or
injury thereto and any and all other liability or damages resulting from or in connection with its
operation, and that it will hold VENDOR harmless from any claim, liability, damages or obligation
arising therefrom and indemnify VENDOR for the amount of any obligation it may incur on account
thereof or arising therefrom. Provided, however, that PURCHASER shall not be required to
indemnify VENDOR against liability for damage arising out of death or bodily injury to persons or
damage to property caused in whole or in part by the negligence of VENDOR, except to the extent
that the death or bodily injury to persons or damage to property arises out of the fault of
PURCHASER or PURCHASER's agents, representatives or subcontractors.
To the extent PURCHASER is to perform work pursuant to the terms of this Agreement,
PURCHASER shall at all times observe and comply with all federal and state laws and local
ordinances and regulations, in any manner affecting the conduct of the work, and all such orders or
decrees as exist at the present and those which may be made or enacted later by bodies or
tribunals having any jurisdiction or authority over the work, and shall indemnify and save harmless
VENDOR and all its officers, agents and servants against any claim or liability arising or based on
the violation of any such law, ordinance, regulation, order or decrees, whether by themselves or their
employees.
ARTICLE 10. PARTIAL INVALIDITY
If any term, covenant, condition, or provision of this Agreement is found by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof
shall remain in full force and effect, and shall in noway be affected, impaired, or invalidated thereby.
ARTICLE 11. INTEGRATION
This Agreement represents the entire understanding of VENDOR and PURCHASER as to
those matters contained herein. No prior oral orwritten understanding shall be of anyforce oreffect
with respect to those matters covered herein. This Agreement may not be modified or altered except
in writing signed by both parties.
ARTICLE 12. JURISDICTION
This Agreement shall be administered and interpreted under the laws of the State of Oregon.
Jurisdiction of litigation arising from this Agreement shall be in that state.
ARTICLE 13. DEFAULT
It is further understood and agreed by and between the parties hereto that this Agreement is
conditioned upon the faithful performance by PURCHASER of all terms and provisions hereof,
which, on its part, are to be kept and performed and any failure to do so or any default which is not
remedied within ten (10) days after the mailing of written notice from VENDOR to PURCHASER
CITY OF CENTRAL POINT - 2011 Agreement Page 5 of 6
CAP101311 Page 23
specifying the particulars of the alleged default, shall give VENDOR the right to discontinue
furnishing water as herein provided and VENDOR may, at its option, terminate this Agreement.
Notwithstanding the foregoing, PURCHASER shall not be deemed in default hereunder if the default
is of such a nature that it cannot be remedied within ten (10) days and PURCHASER proceeds in
good faith to cure such default.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by
their proper officers the day and year first above written.
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----------------------
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CITY OF CENTRAL POINT - 2011 Agreement
CAP101311 Page 24
Page 6 of 6
Public Hearing
Chapter 15, Building
and Construction
Code Amendments
CAP101311 Page 25
«,,~
,_.,,, F~lanr~ir~~ C~~ep~.r~ment
STAFF REP T ,-~~,~yu~,~,;„-s,~;,~~P
Communityl~evelo~ in ~t ~ ~~ t. r;'
Assistant City Arar~~ ~,~, ~,t i <; ~ ~:>,.
STAFF REPORT
October 13, 2011
AGENDA ITEM: File No. 10011
Consideration of changes to Chapter 15, Building and Construction in the Central Point Municipal Code.
Applicant: Community Development Department
STAFF SOURCE:
Tom Humphrey AICP, Community Development Director
BACKGROUND:
Oregon periodically makes changes to the State's Building Code as a result of legislative action. City staff
also keeps track of outdated and umiecessaiy code requirements that should be changed. hi this case, there
is one section in Chapter 15, Building and Construction that is being proposed for amendment. This is
Section 15.04.010, Standards applicable to building.
DISCUSSION POINTS:
The State of Oregon passed legislation that necessitates the following changes to the Central Point
Municipal Code, Section 15.04.010. These include replacing references to state building codes dated 2006
- 2008 with more recent references dated 2009 - 2011 respectively
ATTACHMENTS:
Attachment A -Ordinance No. An Ordinance Amending the Central Point Municipal Code Buildings
and Construction Chapter 15, Section 15.04.010 Pertaining to Building Standards.
ACTION:
Consideration, discussion aiid approval of Ordinance No. An Ordinance Amending the Central Point
Municipal Code Buildings aiid Construction Chapter 15, Section 15.04.010 Pertaining to Building
Standards.
RECOMMENDATION:
Based. on the public hearing comments and general discussion the City Council has the following options:
L Close the public hearing and direct Planning Staff to make further modifications to the ordinance
based upon public input.
2. Close the public hearing and. approve the attached Ordinance with the recommendations made by
staff.
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Page 1 of 1
CAP101311 Page 26
ORDINANCE NO.
AN ORDINANCE AMENDING THE CENTRAL POINT MUNICIPAL CODE
BUILDINGS AND CONSTRUCTION CHAPTER 15, SECTION 15.04.010
PERTAINING TO BUILDING STANDARDS
THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, DO ORDAIN AS
FOLLOWS:
Section 1. Title 15 of the Central Point Municipal Code is hereby amended. to add and. to delete
portions of 15.04.010 as follows:
15.04.010 Standards annlicable to building.
A. All construction, building, and related activities within the city shall comply with all
ordinances of the city and with the following specialty codes, which by this reference are
expressly adopted. and. incorporated. into this code:
1. The 2010 Oregon Structural Specialty Code based. on the International
Building Code, 2009 Edition, as published by the International Code Council and amended by
the Building Codes Division; specifically adopting and including Section 108, Fees; permit and
plan review fees shall be as per the building fee schedule as adopted by the city of Central Point;
Section 111, Service Utilities; Section 115, Unsafe Structures aiid Equipment; Appendix H,
Signs; Appendix I, Patio Covers; and Appendix J, Grading; Appendix G, Flood-Resistant
Constnution.
2. The 2010 Oregon Mechanical Specialty Code based. on the 2009 International
Mechanical Code aiid the 20091titernational Fuel Gas Code, as published by the hnternational
Code Council, Inc., amended by the Oregon Building Codes Division; specifically adopting and
including Section 103, Department of Mechanical Inspection; Section 106.5.2, Fee Schedule,
with fees as per the mechanical fee schedule adopted by the city of Central Point.
3. State of Oregon ~8~-8-2011 Residential Specialty Code based. on the ~88-F~ 2009
Edition of the International Residential Code, as published by the International Code Council,
Inc., specifically adopting Section R104.8, Liability; ~ ~'~~~'~~~~ ~nn4 ~,,,,;,~„~~;,,~ c~,,,.;,,~~ r,,,~„
~ ~
4. State of Oregon 2008 Electrical Specialty Code based. on the 2008 Edition of
the National Electrical Code as published by the National Fire Protection Association, Inc.
5. State of Oregon ~8~-2011 Edition Plumbing Specialty Code based on the
~88~ 2009 Edition of the Uniform Plumbing Code as published by the hnternational Association
of Plumbing and Mechanical Officials.
6. 1994 Edition of the Uniform Abatement of Dangerous Buildings as published
by the International Conference of Building Officials.
7. 1994 Edition of the Uniform Sign Code as published by the hnternational
Conference of Building Officials.
8. The 2010 Edition Oregon Manufactured Dwelling and Installation Specialty
Code.
9. 2010 Oregon Fire Code based. on the 2009 International Fire Code with
Oregon amendments; repealing Chapter 8.16, Uniform Fire Code, and all former ordinances or
Ordinance No.
CAP101311 Page 27
parts thereof conflicting or inconsistent with the provisions of this section or of the 2010 Oregon
Fire Code as adopted by the state of Oregon and Jackson County Fire District No. 3, the city of
Central Point's fire code authority.
10. 2010 Oregon Energy Efficiency Specialty Code based on 2009 IECC.
PASSED by the City Council and signed by me in authentication of its passage this
day of , 2011.
Mayor Hank Williams
ATTEST:
City Recorder
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Ordinance No.
CAP101311 Page 28